Question

Ahmet develops a computer controlled system to alleviate traffic jams in urban areas. He applies for the patent on 12 January 2013 in Turkey. The application is published on 12 August 2014 and the patent is granted on 3 March 2015. On 4 March 2015 City of London contacts Ahmet and ask for a license to use his new invention. Ahmet who realizes that the invention is not protected in UK attempts to get a patent but finds out that James has already applied for almost the same system on 10 August 2014 in UK.

1. Is it possible for Ahmet to get a patent in UK? Evaluate in terms of novelty, priority right and alternative ways of application (PCT and EPC).

2. Is it possible for James to get a patent in UK? Evaluate in terms of novelty.

3. From whom should City of London seek permission to use the system? Ahmet of James of both or none?

Answer 1

a. Ahmet can get a patent in UK by registering under the PCT, which is the Patent Cooperation Treaty. This is an international system whereby filing of one international patent application under the PCT, the applicants will be able to seek protection for their invention in multiple countries which are the members of the same treaty.

Both Turkey and UK are a part of PCT. Thus, if Ahmet have taken the registration or protection for his invention under the PCT which would take around 30 months for granting the same, then he will be protected with respect to his invention in UK also and would not be required to take a registration again in UK for the same.

And here both these states are a part of EPC which is European Patent Convention, where by the grant of patent protection in one state is the grant of protection in the other member states also. Thus, as Ahmet has already registered for protection in Turkey which is a member state to EPC, he shall be granted the protection with regard to this invention in other member state in which UK is also included from the grant date as described by Turkey.

a. Yes, James can also get a patent in UK provided his invention is novel and nonobvious. It would be preferred if gets the same under the PCT or EPC as he would be protected in the member countries also by registering in UK alone.

a. In my opinion, city of London should seek permission to use the system from Ahmet itself as for the time being or as on the date of permission seeking, Ahmet have got his patent registered and with respect to James he has applied for the patent protection only on 10 August 2014 which would take more time to be granted with the protection.